Texas 2025 - 89th Regular

Texas House Bill HB1817 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1291 JDK-D
2	2	By: Harrison H.B. No. 1817
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the deregulation of certain activities and occupations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The following provisions are repealed:
12	12	(1) Title 9, Agriculture Code;
13	13	(2) Article 42A.511(b), Code of Criminal Procedure;
14	14	(3) Sections 91.001(1), (2-a), (4), (8), (8-a), (11),
15	15	and (18), Labor Code;
16	16	(4) Section 91.002, Labor Code;
17	17	(5) Section 91.008, Labor Code;
18	18	(6) Subchapter B, Chapter 91, Labor Code;
19	19	(7) Section 91.045, Labor Code;
20	20	(8) Section 91.048, Labor Code;
21	21	(9) Section 91.061, Labor Code;
22	22	(10) Chapter 802, Occupations Code;
23	23	(11) Sections 1305.002(11-b) and (12), Occupations
24	24	Code;
25	25	(12) Section 1305.1601, Occupations Code;
26	26	(13) Section 1305.1605, Occupations Code;
27	27	(14) Section 1305.162(e), Occupations Code; and
28	28	(15) Chapter 1802, Occupations Code.
29	29	SECTION 2. Section 22.001(1), Business & Commerce Code, is
30	30	amended to read as follows:
31	31	(1) "Auction company" means a person who engages in
32	32	the business of arranging, managing, sponsoring, advertising, or
33	33	conducting auctions [has the meaning assigned by Section 1802.001,
34	34	Occupations Code].
35	35	SECTION 3. Articles 18.19(c), (d), and (e), Code of
36	36	Criminal Procedure, are amended to read as follows:
37	37	(c) If there is no prosecution or conviction for an offense
38	38	involving the weapon seized, the magistrate to whom the seizure was
39	39	reported shall, before the 61st day after the date the magistrate
40	40	determines that there will be no prosecution or conviction, notify
41	41	in writing the person found in possession of the weapon that the
42	42	person is entitled to the weapon upon written request to the
43	43	magistrate. The magistrate shall order the weapon returned to the
44	44	person found in possession before the 61st day after the date the
45	45	magistrate receives a request from the person. If the weapon is not
46	46	requested before the 61st day after the date of notification, the
47	47	magistrate shall, before the 121st day after the date of
48	48	notification, order the weapon destroyed, sold at public sale by
49	49	the law enforcement agency holding the weapon or by an auctioneer
50	50	[licensed under Chapter 1802, Occupations Code], or forfeited to
51	51	the state for use by the law enforcement agency holding the weapon
52	52	or by a county forensic laboratory designated by the magistrate. If
53	53	the magistrate does not order the return, destruction, sale, or
54	54	forfeiture of the weapon within the applicable period prescribed by
55	55	this subsection, the law enforcement agency holding the weapon may
56	56	request an order of destruction, sale, or forfeiture of the weapon
57	57	from the magistrate. Only a firearms dealer licensed under 18
58	58	U.S.C. Section 923 may purchase a weapon at public sale under this
59	59	subsection. Proceeds from the sale of a seized weapon under this
60	60	subsection shall be transferred, after the deduction of court costs
61	61	to which a district court clerk is entitled under Article 59.05(f),
62	62	followed by the deduction of auction costs, to the law enforcement
63	63	agency holding the weapon.
64	64	(d) A person either convicted or receiving deferred
65	65	adjudication under Chapter 46, Penal Code, is entitled to the
66	66	weapon seized upon request to the court in which the person was
67	67	convicted or placed on deferred adjudication. However, the court
68	68	entering the judgment shall order the weapon destroyed, sold at
69	69	public sale by the law enforcement agency holding the weapon or by
70	70	an auctioneer [licensed under Chapter 1802, Occupations Code], or
71	71	forfeited to the state for use by the law enforcement agency holding
72	72	the weapon or by a county forensic laboratory designated by the
73	73	court if:
74	74	(1) the person does not request the weapon before the
75	75	61st day after the date of the judgment of conviction or the order
76	76	placing the person on deferred adjudication;
77	77	(2) the person has been previously convicted under
78	78	Chapter 46, Penal Code;
79	79	(3) the weapon is one defined as a prohibited weapon
80	80	under Chapter 46, Penal Code;
81	81	(4) the offense for which the person is convicted or
82	82	receives deferred adjudication was committed in or on the premises
83	83	of a playground, school, video arcade facility, or youth center, as
84	84	those terms are defined by Section 481.134, Health and Safety Code;
85	85	or
86	86	(5) the court determines based on the prior criminal
87	87	history of the defendant or based on the circumstances surrounding
88	88	the commission of the offense that possession of the seized weapon
89	89	would pose a threat to the community or one or more individuals.
90	90	(e) If the person found in possession of a weapon is
91	91	convicted of an offense involving the use of the weapon, before the
92	92	61st day after the date of conviction the court entering judgment of
93	93	conviction shall order destruction of the weapon, sale at public
94	94	sale by the law enforcement agency holding the weapon or by an
95	95	auctioneer [licensed under Chapter 1802, Occupations Code], or
96	96	forfeiture to the state for use by the law enforcement agency
97	97	holding the weapon or by a county forensic laboratory designated by
98	98	the court. If the court entering judgment of conviction does not
99	99	order the destruction, sale, or forfeiture of the weapon within the
100	100	period prescribed by this subsection, the law enforcement agency
101	101	holding the weapon may request an order of destruction, sale, or
102	102	forfeiture of the weapon from a magistrate. Only a firearms dealer
103	103	licensed under 18 U.S.C. Section 923 may purchase a weapon at public
104	104	sale under this subsection. Proceeds from the sale of a seized
105	105	weapon under this subsection shall be transferred, after the
106	106	deduction of court costs to which a district court clerk is entitled
107	107	under Article 59.05(f), followed by the deduction of auction costs,
108	108	to the law enforcement agency holding the weapon.
109	109	SECTION 4. Article 42A.511(a), Code of Criminal Procedure,
110	110	is amended to read as follows:
111	111	(a) If a judge grants community supervision to a defendant
112	112	convicted of an offense under Section 42.09, 42.091, 42.092, or
113	113	42.10, Penal Code, the judge may require the defendant to[:
114	114	[(1) complete an online responsible pet owner course
115	115	approved and certified by the Texas Department of Licensing and
116	116	Regulation; or
117	117	[(2)] attend a responsible pet owner course sponsored
118	118	by a municipal animal shelter, as defined by Section 823.001,
119	119	Health and Safety Code, that:
120	120	(1) [(A)] receives federal, state, county, or
121	121	municipal funds; and
122	122	(2) [(B)] serves the county in which the court is
123	123	located.
124	124	SECTION 5. Section 411.093(a), Government Code, is amended
125	125	to read as follows:
126	126	(a) The Texas Department of Licensing and Regulation is
127	127	entitled to obtain criminal history record information as provided
128	128	by Subsection (b) that relates to:
129	129	(1) an applicant for or the holder of:
130	130	(A) a driver education instructor license under
131	131	Chapter 1001, Education Code;
132	132	(B) a license under Chapter 202, Occupations
133	133	Code;
134	134	(C) a license under Chapter 401, Occupations
135	135	Code;
136	136	(D) a license under Chapter 402, Occupations
137	137	Code; or
138	138	(E) an instructor license or motorcycle school
139	139	license under Chapter 662, Transportation Code; or
140	140	(2) [a person who is:
141	141	[(A) an applicant for or the holder of a license
142	142	under Chapter 91, Labor Code; or
143	143	[(B) a controlling person, as defined by Chapter
144	144	91, Labor Code, of an entity described by Paragraph (A); or
145	145	[(3)] a person who:
146	146	(A) is an applicant for or the holder of a license
147	147	under Chapter 455, Occupations Code; or
148	148	(B) has an interest described under Section
149	149	455.1525(e), Occupations Code, in an entity described by Paragraph
150	150	(A).
151	151	SECTION 6. Section 2165.456(g), Government Code, is amended
152	152	to read as follows:
153	153	(g) If a person may legally possess the weapon in this
154	154	state:
155	155	(1) the forfeited weapon may be sold at public sale by
156	156	an auctioneer [licensed under Chapter 1802, Occupations Code]; or
157	157	(2) the law enforcement agency holding the weapon may
158	158	release the weapon to another person if:
159	159	(A) the person:
160	160	(i) claims a right to or interest in the
161	161	weapon and provides an affidavit confirming that the person wholly
162	162	or partly owns the weapon or otherwise has a right to or interest in
163	163	the weapon; or
164	164	(ii) is an alternate person designated by
165	165	the person under Section 2165.453(d) or 2165.454(c)(4); and
166	166	(B) for a weapon that is a firearm, the law
167	167	enforcement agency conducts a check of state and national criminal
168	168	history record information and verifies that the person may
169	169	lawfully possess a firearm under 18 U.S.C. Section 922(g).
170	170	SECTION 7. Section 91.001(3), Labor Code, is amended to
171	171	read as follows:
172	172	(3) "Client" means any person who enters into a
173	173	professional employer services agreement with a professional
174	174	employer organization [license holder].
175	175	SECTION 8. Section 91.003, Labor Code, is amended to read as
176	176	follows:
177	177	Sec. 91.003. INTERAGENCY COOPERATION. (a) Each state
178	178	agency that in performing duties under other law affects the
179	179	regulation of professional employer services shall cooperate with
180	180	[the department and] other state agencies as necessary to implement
181	181	and enforce this chapter.
182	182	(b) In particular, the Texas Workforce Commission, the
183	183	division of workers' compensation of the Texas Department of
184	184	Insurance, the Department of Assistive and Rehabilitative
185	185	Services, and the attorney general's office shall assist in the
186	186	implementation of this chapter [and shall provide information to
187	187	the department on request].
188	188	SECTION 9. Sections 91.004(a) and (c), Labor Code, are
189	189	amended to read as follows:
190	190	(a) This chapter does not exempt a client of a professional
191	191	employer organization [license holder], or any covered employee,
192	192	from any other license requirements imposed under local, state, or
193	193	federal law.
194	194	(c) A professional employer organization [license holder]
195	195	is not engaged in the unauthorized practice of an occupation,
196	196	trade, or profession that is licensed, certified, or otherwise
197	197	regulated by a governmental entity solely by entering into a
198	198	professional employer services agreement with a client and covered
199	199	employees.
200	200	SECTION 10. Section 91.005, Labor Code, is amended to read
201	201	as follows:
202	202	Sec. 91.005. APPLICATION OF CERTAIN PROCUREMENT LAWS. With
203	203	respect to a bid, contract, purchase order, or agreement entered
204	204	into with the state or a political subdivision of the state, a
205	205	client's status or certification as a small, minority-owned,
206	206	disadvantaged, or woman-owned business enterprise or as a
207	207	historically underutilized business is not affected because the
208	208	client has entered into a professional employer services agreement
209	209	with [a license holder] or uses the services of a professional
210	210	employer organization [license holder].
211	211	SECTION 11. Section 91.006(a), Labor Code, is amended to
212	212	read as follows:
213	213	(a) A certificate of insurance coverage or other evidence of
214	214	coverage showing that either a professional employer organization
215	215	[license holder] or a client maintains workers' compensation
216	216	insurance coverage constitutes proof of workers' compensation
217	217	insurance coverage for the organization [license holder] and the
218	218	client with respect to all covered employees of the organization
219	219	[license holder] and the client. The state and a political
220	220	subdivision of the state shall accept a certificate of insurance
221	221	coverage or other evidence of coverage described by this section as
222	222	proof of workers' compensation coverage under Chapter 406.
223	223	SECTION 12. Sections 91.031(a) and (b), Labor Code, are
224	224	amended to read as follows:
225	225	(a) A professional employer organization [license holder]
226	226	shall establish the terms of a professional employer services
227	227	agreement by a written contract between the organization [license
228	228	holder] and the client.
229	229	(b) The professional employer organization [license holder]
230	230	shall give written notice of the agreement as it affects covered
231	231	employees to each covered employee.
232	232	SECTION 13. Section 91.032(a), Labor Code, is amended to
233	233	read as follows:
234	234	(a) A professional employer services agreement between a
235	235	professional employer organization [license holder] and a client
236	236	must provide that the organization [license holder]:
237	237	(1) shares, as provided by Subsection (b), with the
238	238	client the right of direction and control over covered employees;
239	239	(2) assumes responsibility for the payment of wages to
240	240	the covered employees without regard to payments by the client to
241	241	the organization [license holder];
242	242	(3) assumes responsibility for the payment of payroll
243	243	taxes and collection of taxes from payroll on covered employees;
244	244	(4) shares, as provided by Subsection (b), with the
245	245	client the right to hire, fire, discipline, and reassign the
246	246	covered employees; and
247	247	(5) shares, as provided by Subsection (b), with the
248	248	client the right of direction and control over the adoption of
249	249	employment and safety policies and the management of workers'
250	250	compensation claims, claim filings, and related procedures.
251	251	SECTION 14. The heading to Subchapter D, Chapter 91, Labor
252	252	Code, is amended to read as follows:
253	253	SUBCHAPTER D. POWERS AND DUTIES OF PROFESSIONAL EMPLOYER
254	254	ORGANIZATION [LICENSE HOLDER]
255	255	SECTION 15. Section 91.041, Labor Code, is amended to read
256	256	as follows:
257	257	Sec. 91.041. EMPLOYEE BENEFIT PLANS; REQUIRED DISCLOSURE;
258	258	OTHER REPORTS. (a) A client and professional employer
259	259	organization [license holder] are each considered an employer under
260	260	the laws of this state for purposes of sponsoring retirement and
261	261	welfare benefit plans for covered employees.
262	262	(a-1) A professional employer organization [license holder]
263	263	may sponsor a single welfare benefit plan under which eligible
264	264	covered employees of one or more clients may elect to participate.
265	265	(a-2) A fully insured welfare benefit plan offered to the
266	266	covered employees of a professional employer organization [license
267	267	holder] and provided by an insurance company authorized to provide
268	268	that insurance in this state or a self-funded health benefit plan
269	269	sponsored by a professional employer organization [license holder]
270	270	as provided by Section 91.0411 shall be treated for purposes of
271	271	state law as a single employer welfare benefit plan.
272	272	(b) With respect to any insurance or benefit plan provided
273	273	by a professional employer organization [license holder] for the
274	274	benefit of its assigned employees, the organization [a license
275	275	holder] shall disclose the following information to [the
276	276	department,] each client[,] and its covered employees:
277	277	(1) the type of coverage;
278	278	(2) the identity of each insurer for each type of
279	279	coverage;
280	280	(3) the amount of benefits provided for each type of
281	281	coverage and to whom or in whose behalf benefits are to be paid;
282	282	(4) the policy limits on each insurance policy; and
283	283	(5) whether the coverage is fully insured, partially
284	284	insured, or fully self-funded.
285	285	[(c) The commission by rule may require a license holder to
286	286	file other reports that are reasonably necessary for the
287	287	implementation of this chapter.]
288	288	SECTION 16. Sections 91.0411(b), (c), (e), and (f), Labor
289	289	Code, are amended to read as follows:
290	290	(b) A professional employer organization [license holder]
291	291	may sponsor a benefit plan that is not fully insured if the
292	292	organization [license holder] meets the requirements of this
293	293	section and is approved to sponsor the plan by the commissioner.
294	294	(c) The commissioner may, on notice and opportunity for all
295	295	interested persons to be heard, adopt rules and issue orders
296	296	reasonably necessary to augment and implement the regulation of
297	297	benefit plans sponsored by a professional employer organization
298	298	[license holder] that are not fully insured. The commissioner may
299	299	not adopt a rule that requires clients or covered employees to be
300	300	members of an association or group in the same trade or industry in
301	301	order to be covered by a [license holder-sponsored] benefit plan
302	302	that is not fully insured. The rules must include all requirements
303	303	that must be met by the organization [license holder] and the plan,
304	304	including:
305	305	(1) initial and final approval requirements;
306	306	(2) authority to prescribe forms and items to be
307	307	submitted to the commissioner by the organization [license holder];
308	308	(3) a fidelity bond;
309	309	(4) use of an independent actuary;
310	310	(5) use of a third-party administrator;
311	311	(6) authority for the commissioner to examine an
312	312	application or a plan;
313	313	(7) the minimum number of clients and covered
314	314	employees covered by the plan;
315	315	(8) standards for those natural persons managing the
316	316	plan;
317	317	(9) the minimum amount of gross contributions;
318	318	(10) the minimum amount of written commitment, binder,
319	319	or policy for stop-loss insurance;
320	320	(11) the minimum amount of reserves; and
321	321	(12) a fee in an amount reasonable and necessary to
322	322	defray the costs of administering this section to be deposited to
323	323	the credit of the operating fund of the Texas Department of
324	324	Insurance.
325	325	(e) Each professional employer organization [license
326	326	holder] under this section shall appoint the commissioner as its
327	327	resident agent for purposes of service of process. The fee for that
328	328	service is $50, payable at the time of appointment.
329	329	(f) The commissioner may examine the affairs of any plan and
330	330	shall have access to the records of the plan. The commissioner may
331	331	examine under oath a manager or employee of the professional
332	332	employer organization [license holder] in connection with the plan.
333	333	SECTION 17. Sections 91.042(a), (a-1), (b), (c), (d), (e),
334	334	(g), (h), and (i), Labor Code, are amended to read as follows:
335	335	(a) A professional employer organization [license holder]
336	336	or client may elect to obtain workers' compensation insurance
337	337	coverage for covered employees through an insurance company as
338	338	defined under Section 401.011(28) or through self-insurance as
339	339	provided under Chapter 407.
340	340	(a-1) The client and the professional employer organization
341	341	shall specify in the professional employer services agreement
342	342	whether the parties have elected to obtain workers' compensation
343	343	insurance coverage for the covered employees and shall specify
344	344	which party must maintain coverage. If the organization [license
345	345	holder] maintains workers' compensation insurance coverage for the
346	346	client, an individual who is an executive employee, as described by
347	347	Section 406.097, of the client is eligible to be treated as an
348	348	executive employee for premium calculation and classification
349	349	purposes. A copy of the professional employer services agreement
350	350	must be provided to the Texas Department of Insurance on request.
351	351	Information obtained by the Texas Department of Insurance under
352	352	this section is confidential and not subject to disclosure under
353	353	Chapter 552, Government Code.
354	354	(b) If a professional employer organization [license
355	355	holder] maintains workers' compensation insurance coverage for
356	356	covered employees, the organization [license holder] shall pay
357	357	workers' compensation insurance premiums for the covered employees
358	358	based on the experience rating of the client for the first two years
359	359	the covered employees are covered under the [professional employer]
360	360	organization's policy and as further provided by rule by the Texas
361	361	Department of Insurance.
362	362	(c) For workers' compensation insurance purposes, a
363	363	professional employer organization [license holder] and the
364	364	organization's [license holder's] client shall be coemployers. If
365	365	either a professional employer organization [license holder] or a
366	366	client elects to obtain workers' compensation insurance coverage
367	367	for covered employees, the client and the organization [license
368	368	holder] are subject to Sections 406.005, 406.034, 408.001, and
369	369	411.032.
370	370	(d) If a professional employer organization [license
371	371	holder] or a client does not elect to obtain workers' compensation
372	372	insurance coverage for covered employees, both the organization
373	373	[license holder] and the client are subject to Sections 406.004,
374	374	406.005, 406.033, and 411.032.
375	375	(e) After the expiration of the two-year period under
376	376	Subsection (b), if the client elects to obtain workers'
377	377	compensation insurance coverage for covered employees through
378	378	coverage maintained by the client, or if the professional employer
379	379	services agreement is terminated and the client elects to maintain,
380	380	through coverage maintained by the client or through coverage
381	381	maintained by a successor professional employer organization,
382	382	workers' compensation insurance coverage for employees previously
383	383	covered by the former professional employer organization's policy,
384	384	the premium for the workers' compensation insurance coverage for
385	385	the client shall be based on the lower of:
386	386	(1) the experience modifier of the client before being
387	387	covered under the professional employer organization's coverage;
388	388	or
389	389	(2) the experience modifier of the former professional
390	390	employer organization [license holder] at the time the client's
391	391	coverage under the professional employer organization's coverage
392	392	is terminated.
393	393	(g) On the written request of a client, a professional
394	394	employer organization [license holder] that elects to provide
395	395	workers' compensation insurance for covered employees shall
396	396	provide to the client a list of:
397	397	(1) claims associated with that client made against
398	398	the organization's [license holder's] workers' compensation policy;
399	399	and
400	400	(2) payments made and reserves established on each
401	401	claim.
402	402	(h) The professional employer organization [license holder]
403	403	shall provide the information described by Subsection (g) in
404	404	writing from the organization's [license holder's] own records, if
405	405	the organization [license holder] is a qualified self-insurer, or
406	406	from information the organization [license holder] received from
407	407	the organization's [license holder's] workers' compensation
408	408	insurance provider following the organization's [license holder's]
409	409	request under Section 2051.151, Insurance Code, not later than the
410	410	60th day after the date the organization [license holder] receives
411	411	the client's written request. For purposes of this subsection,
412	412	information is considered to be provided to the client on the date
413	413	the information is:
414	414	(1) received by the United States Postal Service; or
415	415	(2) personally delivered to the client.
416	416	(i) A professional employer organization [license holder]
417	417	that fails to comply with Subsection (g) or (h) commits a Class D
418	418	administrative violation as provided by Section 415.011.
419	419	SECTION 18. Section 91.044, Labor Code, is amended to read
420	420	as follows:
421	421	Sec. 91.044. UNEMPLOYMENT TAXES; PAYROLL. (a) A
422	422	professional employer organization [license holder] is the
423	423	employer of a covered employee for purposes of Subtitle A, Title 4,
424	424	and, except for wages subject to Section 91.032(c), for purposes of
425	425	Chapter 61.
426	426	(a-1) A professional employer organization [license holder]
427	427	may, in a calendar year during which an employee becomes a covered
428	428	employee of the organization [license holder], apply toward the
429	429	maximum amount of taxable wages established in Section 201.082(1)
430	430	any wages paid to the employee in that calendar year by:
431	431	(1) the client; or
432	432	(2) another professional employer organization
433	433	[license holder] under a prior professional employer services
434	434	agreement with that client.
435	435	(a-2) In addition to any other reports required to be filed
436	436	by law, a professional employer organization [license holder] shall
437	437	report quarterly to the Texas Workforce Commission on a form
438	438	prescribed by the Texas Workforce Commission the name, address,
439	439	telephone number, federal income tax identification number, and
440	440	classification code according to the North American Industry
441	441	Classification System of each client.
442	442	(b) For purposes of Subtitle A, Title 4, in the event of the
443	443	termination of a contract between a professional employer
444	444	organization [license holder] and a client or the failure by a
445	445	professional employer organization to submit reports or make tax
446	446	payments as required by that subtitle, the contracting client shall
447	447	be treated as a new employer without a previous experience record
448	448	unless that client is otherwise eligible for an experience rating.
449	449	SECTION 19. Section 91.046, Labor Code, is amended to read
450	450	as follows:
451	451	Sec. 91.046. CONTRACTUAL DUTIES. Each professional
452	452	employer organization [license holder] is responsible for the
453	453	organization's [license holder's] contractual duties and
454	454	responsibilities to manage, maintain, collect, and make timely
455	455	payments for:
456	456	(1) insurance premiums;
457	457	(2) benefit and welfare plans;
458	458	(3) other employee withholding; and
459	459	(4) any other expressed responsibility within the
460	460	scope of the professional employer services agreement for
461	461	fulfilling the duties imposed under this section and Sections
462	462	91.032 and[,] 91.047[, and 91.048].
463	463	SECTION 20. Section 91.047, Labor Code, is amended to read
464	464	as follows:
465	465	Sec. 91.047. COMPLIANCE WITH OTHER LAWS. Each professional
466	466	employer organization [license holder] shall comply with all
467	467	appropriate state and federal laws relating to reporting,
468	468	sponsoring, filing, and maintaining benefit and welfare plans.
469	469	SECTION 21. Section 91.049, Labor Code, is amended to read
470	470	as follows:
471	471	Sec. 91.049. AGENT FOR SERVICE OF PROCESS. Each
472	472	professional employer organization [license holder] shall maintain
473	473	a registered agent for the service of process in this state.
474	474	SECTION 22. The heading to Subchapter E, Chapter 91, Labor
475	475	Code, is amended to read as follows:
476	476	SUBCHAPTER E. [PROHIBITED ACTS;] ENFORCEMENT
477	477	SECTION 23. Section 91.062(a), Labor Code, is amended to
478	478	read as follows:
479	479	(a) A state agency with duties related to the regulation of
480	480	professional employer services [The executive director] may notify
481	481	the attorney general of a violation of this chapter. The attorney
482	482	general may apply to a district court in Travis County for
483	483	permission to file for quo warranto relief, injunctive relief, or
484	484	both.
485	485	SECTION 24. Section 415.011, Labor Code, is amended to read
486	486	as follows:
487	487	Sec. 415.011. NOTICE OF PROFESSIONAL EMPLOYER ORGANIZATION
488	488	WORKERS' COMPENSATION CLAIM AND PAYMENT INFORMATION;
489	489	ADMINISTRATIVE VIOLATION. (a) In this section, "professional
490	490	employer organization" ["license holder"] has the meaning assigned
491	491	by Section 91.001.
492	492	(a-1) Except as provided by Subsection (c), a professional
493	493	employer organization [license holder] commits a violation if the
494	494	organization [license holder] fails to provide the information
495	495	required by Sections 91.042(g) and (h).
496	496	(b) A violation under Subsection (a-1) [(a)] is an
497	497	administrative violation.
498	498	(c) A professional employer organization [license holder]
499	499	does not commit an administrative violation under this section if
500	500	the organization [license holder] requested the information
501	501	required by Sections 91.042(g) and (h) from the organization's
502	502	[license holder's] workers' compensation insurance provider and the
503	503	provider does not provide the information to the organization
504	504	[license holder] within the required time. A professional employer
505	505	organization [license holder] shall notify the Texas Department of
506	506	Insurance of a provider's failure to comply with the requirements
507	507	of Section 2051.151, Insurance Code.
508	508	SECTION 25. Section 252.022(a), Local Government Code, is
509	509	amended to read as follows:
510	510	(a) This chapter does not apply to an expenditure for:
511	511	(1) a procurement made because of a public calamity
512	512	that requires the immediate appropriation of money to relieve the
513	513	necessity of the municipality's residents or to preserve the
514	514	property of the municipality;
515	515	(2) a procurement necessary to preserve or protect the
516	516	public health or safety of the municipality's residents;
517	517	(3) a procurement necessary because of unforeseen
518	518	damage to public machinery, equipment, or other property;
519	519	(4) a procurement for personal, professional, or
520	520	planning services;
521	521	(5) a procurement for work that is performed and paid
522	522	for by the day as the work progresses;
523	523	(6) a purchase of land or a right-of-way;
524	524	(7) a procurement of items that are available from
525	525	only one source, including:
526	526	(A) items that are available from only one source
527	527	because of patents, copyrights, secret processes, or natural
528	528	monopolies;
529	529	(B) films, manuscripts, or books;
530	530	(C) gas, water, and other utility services;
531	531	(D) captive replacement parts or components for
532	532	equipment;
533	533	(E) books, papers, and other library materials
534	534	for a public library that are available only from the persons
535	535	holding exclusive distribution rights to the materials; and
536	536	(F) management services provided by a nonprofit
537	537	organization to a municipal museum, park, zoo, or other facility to
538	538	which the organization has provided significant financial or other
539	539	benefits;
540	540	(8) a purchase of rare books, papers, and other
541	541	library materials for a public library;
542	542	(9) paving drainage, street widening, and other public
543	543	improvements, or related matters, if at least one-third of the cost
544	544	is to be paid by or through special assessments levied on property
545	545	that will benefit from the improvements;
546	546	(10) a public improvement project, already in
547	547	progress, authorized by the voters of the municipality, for which
548	548	there is a deficiency of funds for completing the project in
549	549	accordance with the plans and purposes authorized by the voters;
550	550	(11) a payment under a contract by which a developer
551	551	participates in the construction of a public improvement as
552	552	provided by Subchapter C, Chapter 212;
553	553	(12) personal property sold:
554	554	(A) at an auction [by a state licensed
555	555	auctioneer];
556	556	(B) at a going out of business sale held in
557	557	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
558	558	(C) by a political subdivision of this state, a
559	559	state agency of this state, or an entity of the federal government;
560	560	or
561	561	(D) under an interlocal contract for cooperative
562	562	purchasing administered by a regional planning commission
563	563	established under Chapter 391;
564	564	(13) services performed by blind or severely disabled
565	565	persons;
566	566	(14) goods purchased by a municipality for subsequent
567	567	retail sale by the municipality;
568	568	(15) electricity; or
569	569	(16) advertising, other than legal notices.
570	570	SECTION 26. Section 262.024(a), Local Government Code, is
571	571	amended to read as follows:
572	572	(a) A contract for the purchase of any of the following
573	573	items is exempt from the requirement established by Section 262.023
574	574	if the commissioners court by order grants the exemption:
575	575	(1) an item that must be purchased in a case of public
576	576	calamity if it is necessary to make the purchase promptly to relieve
577	577	the necessity of the citizens or to preserve the property of the
578	578	county;
579	579	(2) an item necessary to preserve or protect the
580	580	public health or safety of the residents of the county;
581	581	(3) an item necessary because of unforeseen damage to
582	582	public property;
583	583	(4) a personal or professional service;
584	584	(5) any individual work performed and paid for by the
585	585	day, as the work progresses, provided that no individual is
586	586	compensated under this subsection for more than 20 working days in
587	587	any three month period;
588	588	(6) any land or right-of-way;
589	589	(7) an item that can be obtained from only one source,
590	590	including:
591	591	(A) items for which competition is precluded
592	592	because of the existence of patents, copyrights, secret processes,
593	593	or monopolies;
594	594	(B) films, manuscripts, or books;
595	595	(C) electric power, gas, water, and other utility
596	596	services; and
597	597	(D) captive replacement parts or components for
598	598	equipment;
599	599	(8) an item of food;
600	600	(9) personal property sold:
601	601	(A) at an auction [by a state licensed
602	602	auctioneer];
603	603	(B) at a going out of business sale held in
604	604	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
605	605	or
606	606	(C) by a political subdivision of this state, a
607	607	state agency of this state, or an entity of the federal government;
608	608	(10) any work performed under a contract for community
609	609	and economic development made by a county under Section 381.004; or
610	610	(11) vehicle and equipment repairs.
611	611	SECTION 27. Section 263.153(c), Local Government Code, is
612	612	amended to read as follows:
613	613	(c) A county that contracts with an auctioneer [licensed
614	614	under Chapter 1802, Occupations Code,] who uses an Internet auction
615	615	site offering online bidding through the Internet to sell surplus
616	616	or salvage property under this subchapter having an estimated value
617	617	of not more than $500 shall satisfy the notice requirement under
618	618	this section by posting the property on the site for at least 10
619	619	days unless the property is sold before the 10th day.
620	620	SECTION 28. Section 365.006(g), Local Government Code, is
621	621	amended to read as follows:
622	622	(g) If a person may legally possess the weapon in this
623	623	state:
624	624	(1) the forfeited weapon may be sold at public sale by
625	625	an auctioneer [licensed under Chapter 1802, Occupations Code]; or
626	626	(2) the law enforcement agency holding the weapon may
627	627	release the weapon to another person if:
628	628	(A) the person:
629	629	(i) claims a right to or interest in the
630	630	weapon and provides an affidavit confirming that the person wholly
631	631	or partly owns the weapon or otherwise has a right to or interest in
632	632	the weapon; or
633	633	(ii) is an alternate person designated by
634	634	the person under Section 365.003(d) or 365.004(c)(4); and
635	635	(B) for a weapon that is a firearm, the law
636	636	enforcement agency conducts a check of state and national criminal
637	637	history record information and verifies that the person may
638	638	lawfully possess a firearm under 18 U.S.C. Section 922(g).
639	639	SECTION 29. Section 1101.005, Occupations Code, is amended
640	640	to read as follows:
641	641	Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
642	642	does not apply to:
643	643	(1) an attorney licensed in this state;
644	644	(2) an attorney-in-fact authorized under a power of
645	645	attorney to conduct not more than three real estate transactions
646	646	annually;
647	647	(3) a public official while engaged in official
648	648	duties;
649	649	(4) an auctioneer [licensed under Chapter 1802] while
650	650	conducting the sale of real estate by auction if the auctioneer does
651	651	not perform another act of a broker;
652	652	(5) a person conducting a real estate transaction
653	653	under a court order or the authority of a will or written trust
654	654	instrument;
655	655	(6) a person employed by an owner in the sale of
656	656	structures and land on which structures are located if the
657	657	structures are erected by the owner in the course of the owner's
658	658	business;
659	659	(7) an on-site manager of an apartment complex;
660	660	(8) an owner or the owner's employee who leases the
661	661	owner's improved or unimproved real estate; or
662	662	(9) a transaction involving:
663	663	(A) the sale, lease, or transfer of a mineral or
664	664	mining interest in real property;
665	665	(B) the sale, lease, or transfer of a cemetery
666	666	lot;
667	667	(C) the lease or management of a hotel or motel;
668	668	or
669	669	(D) the sale of real property under a power of
670	670	sale conferred by a deed of trust or other contract lien.
671	671	SECTION 30. Section 1305.102(a), Occupations Code, is
672	672	amended to read as follows:
673	673	(a) The commission shall adopt rules for the licensing of
674	674	electricians, sign electricians, electrical sign contractors,
675	675	electrical contractors, [journeyman industrial electricians,
676	676	journeyman linemen,] residential appliance installers, and
677	677	residential appliance installation contractors as prescribed by
678	678	this chapter.
679	679	SECTION 31. Sections 33.25(b), (f), and (g), Tax Code, are
680	680	amended to read as follows:
681	681	(b) The commissioners court of a county by official action
682	682	may authorize a peace officer or the collector for the county
683	683	charged with selling property under this subchapter by public
684	684	auction to enter into an agreement with an auctioneer [a person who
685	685	holds an auctioneer's license] to advertise the auction sale of the
686	686	property and to conduct the auction sale of the property. The
687	687	agreement may provide for on-line bidding and sale.
688	688	(f) The proceeds of a sale of property under this section
689	689	shall be applied to:
690	690	(1) any compensation owed to or any expense advanced
691	691	by the [licensed] auctioneer under an agreement entered into under
692	692	Subsection (b) or a service provider under an agreement entered
693	693	into under Subsection (c);
694	694	(2) all usual costs, expenses, and fees of the seizure
695	695	and sale, payable to the peace officer conducting the sale;
696	696	(3) all additional expenses incurred in advertising
697	697	the sale or in removing, storing, preserving, or safeguarding the
698	698	seized property pending its sale;
699	699	(4) all usual court costs payable to the clerk of the
700	700	court that issued the tax warrant; and
701	701	(5) taxes, penalties, interest, and attorney's fees
702	702	included in the application for warrant.
703	703	(g) The peace officer or [licensed] auctioneer conducting
704	704	the sale shall pay all proceeds from the sale to the collector
705	705	designated in the tax warrant for distribution as required by
706	706	Subsection (f).
707	707	SECTION 32. Section 151.3503(a), Tax Code, is amended to
708	708	read as follows:
709	709	(a) The following are exempted from the taxes imposed by
710	710	this chapter:
711	711	(1) a service performed by an employee for the
712	712	employee's employer in the regular course of business, within the
713	713	scope of the employee's duties, and for which the employee is paid
714	714	regular wages or salary;
715	715	(2) a service performed by an employee of a temporary
716	716	employment service for a host employer to supplement the host
717	717	employer's existing work force on a temporary basis, if:
718	718	(A) the service is normally performed by the host
719	719	employer's own employees;
720	720	(B) the host employer provides all supplies and
721	721	equipment necessary to perform the service, other than personal
722	722	protective equipment provided by the temporary employment service
723	723	pursuant to a federal law or regulation;
724	724	(C) the host employer does not rent, lease,
725	725	purchase, or otherwise acquire for use the supplies and equipment
726	726	described by Paragraph (B), other than the personal protective
727	727	equipment described by that paragraph, from the temporary
728	728	employment service or an entity that is a member of an affiliated
729	729	group of which the temporary employment service is also a member;
730	730	and
731	731	(D) the host employer has the sole right to
732	732	supervise, direct, and control the work performed by the employee
733	733	of the temporary employment service as necessary to conduct the
734	734	host employer's business or to comply with any licensing,
735	735	statutory, or regulatory requirement applicable to the host
736	736	employer; or
737	737	(3) a service performed by covered employees of a
738	738	professional employer organization[, either licensed under Chapter
739	739	91, Labor Code, or exempt from the licensing requirements of that
740	740	chapter,] for a client under a written contract that provides for
741	741	shared employment responsibilities between the professional
742	742	employer organization and the client for the covered employees,
743	743	most of whom must have been previously employed by the client.
744	744	SECTION 33. Section 151.3503(c), Tax Code, is amended by
745	745	adding Subdivision (2-a) to read as follows:
746	746	(2-a) "Professional employer organization" has the
747	747	meaning assigned by Section 91.001, Labor Code.
748	748	SECTION 34. Section 460.406(c), Transportation Code, is
749	749	amended to read as follows:
750	750	(c) The board of directors may authorize the negotiation of
751	751	a contract without competitive sealed bids or proposals if:
752	752	(1) the aggregate amount involved in the contract is
753	753	less than the greater of:
754	754	(A) $50,000; or
755	755	(B) the amount of an expenditure under a contract
756	756	that would require a municipality to comply with Section
757	757	252.021(a), Local Government Code;
758	758	(2) the contract is for construction for which not
759	759	more than one bid or proposal is received;
760	760	(3) the contract is for services or property for which
761	761	there is only one source or for which it is otherwise impracticable
762	762	to obtain competition, including:
763	763	(A) items that are available from only one source
764	764	because of patents, copyrights, secret processes, or natural
765	765	monopolies;
766	766	(B) gas, water, and other utility services; and
767	767	(C) captive replacement parts or components for
768	768	equipment;
769	769	(4) the contract is to respond to an emergency for
770	770	which the public exigency does not permit the delay incident to the
771	771	competitive process;
772	772	(5) the contract is for personal, professional, or
773	773	planning services;
774	774	(6) the contract, without regard to form and which may
775	775	include bonds, notes, loan agreements, or other obligations, is for
776	776	the purpose of borrowing money or is a part of a transaction
777	777	relating to the borrowing of money, including:
778	778	(A) a credit support agreement, such as a line or
779	779	letter of credit or other debt guaranty;
780	780	(B) a bond, note, debt sale or purchase, trustee,
781	781	paying agent, remarketing agent, indexing agent, or similar
782	782	agreement;
783	783	(C) an agreement with a securities dealer,
784	784	broker, or underwriter; and
785	785	(D) any other contract or agreement considered by
786	786	the board of directors to be appropriate or necessary in support of
787	787	the authority's financing activities;
788	788	(7) the contract is for work that is performed and paid
789	789	for by the day as the work progresses;
790	790	(8) the contract is for the lease or purchase of an
791	791	interest in land;
792	792	(9) the contract is for the purchase of personal
793	793	property sold:
794	794	(A) at an auction [by a state licensed
795	795	auctioneer];
796	796	(B) at a going out of business sale held in
797	797	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
798	798	or
799	799	(C) by a political subdivision of this state, a
800	800	state agency, or an entity of the federal government;
801	801	(10) the contract is for services performed by persons
802	802	who are blind or have severe disabilities;
803	803	(11) the contract is for the purchase of electricity;
804	804	(12) the contract is one for an authority project and
805	805	awarded for alternate project delivery using the procedures,
806	806	requirements, and limitations under Subchapters E, F, G, H, and I,
807	807	Chapter 2269, Government Code; or
808	808	(13) the contract is for fare enforcement officer
809	809	services under Section 460.1092.
810	810	SECTION 35. Sections 503.024(b) and (d), Transportation
811	811	Code, are amended to read as follows:
812	812	(b) For the purposes of Section 503.021, a person is not
813	813	engaging in business as a dealer by:
814	814	(1) selling or offering to sell, if the sale or offer
815	815	is not made to avoid a requirement of this chapter, a vehicle the
816	816	person acquired for personal or business use to:
817	817	(A) a person other than a retail buyer if not sold
818	818	or offered through an [a licensed] auctioneer; or
819	819	(B) any person if the sale or offer is made
820	820	through an [a licensed] auctioneer;
821	821	(2) selling, in a manner provided by law for the forced
822	822	sale of vehicles, a vehicle in which the person holds a security
823	823	interest;
824	824	(3) acting under a court order as a receiver, trustee,
825	825	administrator, executor, guardian, or other appointed person;
826	826	(4) selling a vehicle the person acquired from the
827	827	vehicle's owner as a result of paying an insurance claim if the
828	828	person is an insurance company;
829	829	(5) selling an antique passenger car or truck that is
830	830	at least 25 years of age; or
831	831	(6) selling a special interest vehicle that is at
832	832	least 12 years of age if the person is a collector.
833	833	(d) For the purposes of Section 503.021, an [a licensed]
834	834	auctioneer is not engaging in business as a dealer by, as a bid
835	835	caller, selling or offering to sell property, including a business
836	836	that holds the title to any number of vehicles, to the highest
837	837	bidder at a bona fide auction if:
838	838	(1) legal or equitable title does not pass to the
839	839	auctioneer;
840	840	(2) the auction is not held to avoid a requirement of
841	841	this chapter; and
842	842	(3) for an auction of vehicles owned legally or
843	843	equitably by a person who holds a general distinguishing number,
844	844	the auction is conducted at the location for which the general
845	845	distinguishing number was issued.
846	846	SECTION 36. Article 42A.511, Code of Criminal Procedure, as
847	847	amended by this Act, applies to a defendant placed on community
848	848	supervision on or after the effective date of this Act, regardless
849	849	of whether the offense for which the defendant was placed on
850	850	community supervision was committed before, on, or after the
851	851	effective date of this Act.
852	852	SECTION 37. On the effective date of this Act:
853	853	(1) the Auctioneer Advisory Board is abolished; and
854	854	(2) money in the auctioneer education and recovery
855	855	fund is transferred to the general revenue fund.
856	856	SECTION 38. On the effective date of this Act, a pending
857	857	regulatory action, including a complaint investigation,
858	858	disciplinary action, or administrative penalty proceeding, of the
859	859	Texas Department of Licensing and Regulation with respect to a
860	860	license, permit, or certification issued under a law repealed by
861	861	this Act, is terminated.
862	862	SECTION 39. On the effective date of this Act, a license,
863	863	permit, or certification issued under a law repealed by this Act
864	864	expires.
865	865	SECTION 40. This Act takes effect September 1, 2025.